01 Attachment 4 - Draft 2020 Ordinance and Policy Priorities
ATTACHMENT 4
Page 1 of 5
TOWN OF LOS GATOS
OFFICE OF THE TOWN ATTORNEY
MEMORANDUM
To: Mayor & Council
From: Robert Schultz, Town Attorney
Date: January 7, 2020
Subject: Ordinance and Policy Priorities for the January 14, 2020
Priority Setting Study Session
__________________________________________________________________________________
The Town Attorney’s Office is continually evaluating the Municipal Code for needed
updates and provides this Memorandum to assist the Town Council in its Priority Setting Study
Session. The list is in order of recommended priority. However, please realize that although
these ordinances are in recommended priority, many issues may arise during the year that can
alter these priorities.
1. Fire Prevention and Protection Ordinance
Over the last ten years, wildfires in California have increased in severity and defensible
space is vital for protecting homes from wildfire. Home hardening, adequate defensible
space, vegetation management and compliance with mitigation measures are all critical
components to making the Town’s Wildland Urban Interface (WUI) area resilient to the
threat of wildfires. Based on Staff’s assessment, changes to Chapter 9 (Fire Prevention and
Protection), Chapter 11 (Garbage, Refuse, and Weeds), and Chapter 29 (Tree Protection)
should be made.
2. Accessory Dwelling Unit Ordinance
In 2017, the State enacted laws resulting in changes to the state’s requirements for
Accessory Dwelling Units and the State enacted further amendments to refine the mandates
to support development of ADUs and address barriers to the development of ADUs.
Subsequently in the fall of 2019, the Legislature adopted, and the Governor signed several
bills that require additional changes to the Town’s ADU ordinance.
3. Family Daycare Homes Ordinance
Under previous law, a small family daycare home, which may provide care for up to 8
children, is considered a residential use of property for purposes of all local ordinances.
Current law authorizes a city, county, or city and county to either classify a large family
daycare home, which may provide care for up to 14 children, as residential use of the
property or to provide a process for applying for a pe rmit to use the property as a large
Page 2 of 5
family daycare home. The new law will instead require a large family daycare home to be
treated as a residential use of property for purposes of all local ordinances. Changes need to
be made to the Town’s Code provisions relating to family daycare homes so that it complies
with the most recent changes to California law.
4. Special Events Ordinance
The Town’s Special Events Ordinance was updated in February of 2018. Now that staff has
had some time to put the ordinance into practice, there are minor edits regarding application
timelines, block Party permits, and minor/small events that should be adopted before the
summer season of events.
5. Below Market Price Ordinance
Pursuant to Council’s direction, the Policy Committee has discussed potential amendments
to the Town Code regarding below market price (BMP) regulations and staff is preparing
potential amendments to the Town Code and the BMP Housing Program Guidelines based
on the discussion and direction of the Policy Committee.
6. Public Art Ordinance
Many municipalities in California have adopted ordinances requiring private sector
development projects to contribute to local art installations and programs. In 2019, the
Town Council directed staff to prepare an ordinance to require private sector commercial
and multi-family residential projects to contribute to local art installments and programs.
7. Political Signs Ordinance
The Town may not ban political and other non-commercial signs, however reasonable “time,
place and manner” regulations may very well qualify as content-neutral and reasonable. The
Town’s political sign ordinance has not been updated since 1992 and may not be in
compliance with state and federal case law so the ordinance should be updated before the
2020 election.
8. Council Vacancy Ordinance
State Law sets forth the procedures for filling vacancies in elected city offices and gives two
specific statutory options for the Town Council to follow – appointment and special
election. State law also allows the Town to adopt its own ordinance designating the specific
method for the Town Council to follow. In order to give the public confidence that the
procedure is established and will be followed in each instance, and to streamline research
conducted by staff, it is recommended that an ordinance be adopted spelling out the
procedures.
Page 3 of 5
9. Term Limits and Finance Commission Ordinance
The Town has received two ballot measures proposing amendments to Town Code to add
term limitations for members of the Town Council and to create a Finance Commission
composed entirely of residents. Proponents of the initiatives have until March 16 to obtain
approximately 3,000 signatures. If the requisite signatures are obtained, the Town Council
could decide to direct staff to prepare its own competing ballot measures containing some or
none of the Proponents proposed ballot measures. The second measure is usually offered as
a less extreme approach to the original. When conflicting measures are voted on at the same
election, the one receiving the most affirmative votes controls.
10. Public Nuisance/Administrative Abatement Hearing Ordinance
The Town does not have a comprehensive Public Nuisance Ordinance related to the
identification, definition, and enforcement of nuisances. Such an ordinance would make
identification of violations easier for residents and businesses to understand and thereb y
comply with, as well as to assist the Town in enforcing the Code and providing due process.
The Nuisance Ordinance would provide a just, equitable, and practicable method for
preventing, discouraging, and/or abating certain conditions which endanger the life, limb,
health, property, safety, or welfare of the general public. Currently, the Administrative
Abatement of Violations section of our Town Code is antiquated and needs to be updated to
allow for the enforcement of Code violations through administrative hearings effectively
applied and administered in a fair, expedient, and cost-efficient manner.
11. Shared Mobility Device Ordinance
The Town does not have a Shared Mobility Device Ordinance. Shared mobility devices,
such as electric scooters (e.g., Bird, Lime-S) and bikes (e.g., LimeBike, JUMP, Mobike,
Spin), have surged locally and in cities throughout the United States. These mobility
devices can be rented by the public via a smartphone application that unlocks the motorized
devices from any location and lets the user park it when the rider arrives at their chosen
destination. These mobility devices are highly visible, drawing considerable attention and
controversy when they arrive in any area. They have raised significant community concerns
about safety and enforcement, including concerns about users riding on the sidewalk,
doubling up on scooters, users failing to observe traffic controls in violation of the
California Vehicle Code, and other unsafe or uncivil rider behaviors. The devices have also
posed new challenges in managing the safe public use of the street and sidewalks. The
Town should adopt an ordinance regulating shared mobility service in the Town that would
include permitting requirements and an operational framework.
12. Drone Ordinance
The Town does not have a Drone Ordinance. The issue of drones and Radio Controlled
(RC) aircraft, otherwise referred to as unmanned aerial systems (UAS) is a growing concern
for towns and cities with multiple incidents of interference with firefighting, other aircraft,
and accidents. Towns/cities are attempting to address the dramatic increase in recreational
Page 4 of 5
UAS with various types of regulations and are beginning to enact regulations that
supplement and/or codify federal law. The major challenge in drafting these ordinances is
the federal pre-emption of this issue but a Drone Ordinance could regulate the following
issues for the Town: 1) Protection of persons and property in the jurisdiction; 2) Aviation
safety, including a specific prohibition against careless and reckless operations that endanger
life or property; 3) Designated take-off and landing zones for UAS within the Town limits;
4) Identification of critical infrastructure within the Town limits, or immediately adjacent to
its boundaries, with appropriate rules for operation of UAS in proximity to that
infrastructure; and 5) Permissible hours of operation.
13. Noise Ordinance
The Town’s Noise Ordinance was adopted in 1991. With the changes to the Town’s
Entertainment Policy, the Town needs to analyze and determine whether the noise levels set
forth in the Noise Ordinance adequately protect the residents of Los Gatos from
unnecessary, excessive, and disturbing noise and vibration.
14. Wireless Facilities Ordinance
The Town’s current Wireless Facilities Ordinance was adopted in 2003 to conform to the
1996 Telecommunications Act and is now outdated based on the ongoing changes to State
and Federal legislation and leaves the Town unprepared for the scale of expansion th at is on
the horizon. Our current Ordinance only deals with the collocation of wireless facilities on
existing utility poles. Various wireless facility companies are now proposing installations in
the public right of way. Such installations could be on existing Town-owned structures,
such as street light poles, or could involve the companies putting in their own new poles.
The Town needs to update its wireless telecommunications ordinance to address the current
status of Federal and State law as well as to reflect best practices in siting and design
standards to preserve the aesthetics of the Town but to also facilitate providing competitive,
varied, and high-quality wireless communications service infrastructure.
15. Claims/Settlement Authority Ordinance
The Town’s current Claims Ordinance has not been updated since 2003. With the passage
of time, certain provisions have become outdated and other provisions have not historically
been followed. This proposed update to the ordinance would conform to current practice
and update current settlement limits to allow for more expeditious settlement of claims and
disposition of workers compensation claims.
16. Campaign Financing and Reporting Ordinance
Many towns and cities have enacted a campaign ordinance that provides for additional or
different campaign requirements exclusively in its jurisdiction as long as the provisions are
stricter than those in the Fair Political Reform Act. The Town currently does not have an
ordinance that governs the Town’s election campaign regulations with regard to making and
reporting of campaign contributions and expenditures.
Page 5 of 5
17. Mills Act
The Town Council decided in January 2019 to not include this topic as a priority and goal or
as an Ordinance for the Town Attorney to work on. Due to public comment at subsequent
Council meetings, Mayor Leonardis placed this agenda item on the September 10, 2019
agenda. However, because of FPPC conflict of interest of four of the five Council members,
only three Council members participated in the discussion. At the Council meeting, a
motion passed 2-1 to continue this item to a future Council meeting and directed staff to
start conversations with partner agencies and provide examples of Mills Act Ordinances
from surrounding jurisdictions. Since three Council members must unanimously approve a
Mills Act Ordinance, staff is of the opinion that this ordinance should not be a high priority
until the conflict of interests no longer exist and a full Council can here this agenda item.
RWS